Defenses to Criminal Charges

Criminal Charge Defenses: If a Crime Was Committed

So, now you understand what may happen if you did not commit a crime and feel as if you have a viable defense. But what happens if you actually did commit the crime and have a viable defense? What defenses can you use and have success in court?

Self Defense: What happens if you were involved in a crime of violence, like battery, assault with a deadly weapon, or murder? You may have to admit that you used violence, sure, but what if you did it because it was justified? There are some situations that warrant a self-defense usage. First it must be determined who the aggressor was, that the defendant actually believed self-defense must be used, and whether or not the amount of force used was reasonable. Self-defense is a viable claim because people should always have the chance to protect themselves in a violent event.

Insanity Defense: If the defendant was not capable of controlling their behavior and understanding what they’ve done is wrong, then they can typically use the insanity defense. When somebody cannot function properly, they cannot be criminally punished. The problem with this is that defendants have such a hard time proving it. This is due to the fact that “insanity” can refer to many different definitions in the legal system or by mental health professionals.

Under the Influence: If a defendant was under the influence when they committed a crime, then they can argue that they had impaired mental functioning and cannot be held accountable. However, this rarely excuses criminal conduct. Defendants must know how alcohol and drugs affect functioning and that this does not automatically get them off the hook for their actions.

Entrapment: This occurs when the government induces somebody to commit a crime even if they did not want to. Entrapment happens to be very difficult to prove, as it ends up being your word against an officer or other government official. If you have a case and need to speak to a defense attorney you can trust, you can call The Law Office of Peter Blair today. We are looking forward to hearing from you.